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TODAY'S TOP DEVELOPMENTS Monday, June 30, 2014

Industry news, expert analysis, and daily updates on the most significant insurance coverage legal developments—from the insurance and legal experts of The National Underwriter Company.


Homeowners Insurance
Maryland’s Highest Court Decides that “Business Pursuits” Exclusion Requires Continuity and Profit Motive
The Court of Appeals of Maryland, the state’s highest court, has ruled that, to determine if a third party complaint triggered the “business pursuits” exclusion in a homeowner’s liability insurance policy, an insurer must consider the continuity of the insured’s alleged business interests and the insured’s profit motive. Read More

Workers Compensation

Texas Supreme: Workers’ Comp Carrier’s Right to Recover Third-Party Settlements Must be Determined on “Collective-Recovery Basis”
The Texas Supreme Court, in response to questions certified to it by the U.S. Court of Appeals for the Fifth Circuit, has held that, when multiple beneficiaries recovered compensation benefits through the same covered employee, the workers’ compensation insurance carrier’s rights to a third-party settlement must be determined by treating it as a single, collective recovery rather than as separate recoveries by each beneficiary. Read More

Homeowners Insurance
10th Circuit: Leaking Pipe Causing Soil Erosion under Home Was Excluded from Coverage by Policy’s “Earth Movement” Exclusion
The U.S. Court of Appeals for the Tenth Circuit, affirming a district court’s decision, has ruled that a homeowner’s claim that water leaking from a pipe had eroded soil under her home was excluded from coverage by the earth movement exclusion in her homeowners’ insurance policy. Read More

Commercial General Liability
Water Exclusion Bars Coverage for Damage from Ice that Heaved Up through Concrete Floor, at Least Where the Ice Originated from Water Seeping from the Building
An appellate court in Nebraska, affirming a trial court’s decision, has ruled that an insurance carrier was not obligated to cover damage to its insured’s warehouse after water seeped through a cracked drain pan, froze underneath the floor, and expanded, causing damage to the concrete floor. Read More

View All Case Law Developments

Environmental Liability

Prince Charles Urges U.S. Insurers to Join Climate Wise Initiative
In a speech at the United Nations Summit on Disaster Resilience in the Private Sector, Britain’s Prince Charles urged U.S. insurance carriers to join the Climate Wise initiative, declaring that “it would be a jolly good thing if you actually thought of joining!” Read More

In the States

Oklahoma Insurance Commissioner John Doak Wins Reelection
Oklahoma Insurance Commissioner John Doak overwhelmingly won a Republican primary election on Tuesday, with close to 80 percent of the vote. Because Democrats have no candidate nominated for the position in the upcoming November election, Commissioner Doak will be returned to office for a four year term as chief of the government agency regulating the state’s $18 billion insurance industry. Read More

View All Legislative/Regulatory Developments
Insurance Coverage Attorney J. Robert MacAneney Becomes a Partner at Kaufman Dolowich & Voluck Read More

LexisNexis Risk Solutions Acquires Wunelli 
Read More

Ironshore Increases Ownership Stake in Lexon Surety Group 
Read More

California Takes 9 of 10 Top Hot Spots for Vehicle Thefts 
Read More

United Insurance Holdings Expected to Join Russell 3000, Russell 2000, and Russell Global Indexes Read More

View All Industry News
When An Insured’s Artwork Gets Damaged


Browse our entire library of over 2,500 insurance resources and forms.

View Entire July Insurance Coverage Law Report
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60px_newMeyerowitz Steven A. Meyerowitz, ESQ.
Director, FC&S Legal
60px_newSpears Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
FC&S Legal Editorial Advisory Board
Mitchell J. Auslander, Willkie Farr & Gallagher LLP
Carrie Cope, Schuyler, Roche & Crisham, P.C.
Anjali C. Das, Wilson Elser
John F. Finnegan, Chadbourne & Parke LLP
Michele L. Jacobson, Stroock & Stroock & Lavan LLP
Timothy P. Law, Reed Smith LLP
Donald S. Malecki, Malecki, Deimling, Nielander &
Associates, LLC
Cort T. Malone, Anderson Kill & Olick, P.C.
D. Milone, Kelley Drye & Warren LLP
Joseph P. Monteleone, Rivkin Radler LLP
Anne M. Murray, Rivkin Radler LLP
Jerold Oshinsky, Kasowitz, Benson, Torres &
Friedman LLP
Seth B. Schafler, Proskauer Rose LLP
David D. Thamann, The National Underwriter Company

FC&S Daily Legal Report ($1,295 annual subscription) is included as part of your subscription to FC&S Legal: The Insurance Information Center. FC&S Daily Legal Report and The Insurance Coverage Law Report are publications of The National Underwriter Company. For more information, visit To subscribe to FC&S Legal, please contact customer service at 1-800-543-0874 or

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